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7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />heard and felt from inside the building. After one day of demolition, Petitioner Choe found a <br />vertical crack in an interior wall in an exam room that spans from the ceiling to the floor. This <br />crack was not there prior to the demolition of the restaurant building. <br />47. Petitioners are informed and believe that the demolition was done without <br />compliance with the mitigation measures imposed pursuant to the NIND. Further, neither the City <br />nor Real Parties have provided any evidence of such compliance. <br />F. With Only 10 Days -Notice to a Handful of Properties, the City Proposes to <br />Approve the Developer's Revised Project with a Massive Car Wash Instead <br />of a Retail Building and Find The Revised Project Categorically Exempt <br />from CEQA <br />48. Nine months after the Original Project was approved, Respondents posted and <br />mailed to only a handful of properties a "Notice of Public Hearing before the Santa Ana Planning <br />Commission," dated August 30, 2019 (the "August 30th Notice"). Respondents' August 30' <br />Notice was the very first time Respondents informed the public that the project referred to by <br />Respondents as the "Russell Fischer Commercial Center" and approved for 325 and 301 N. Tustin <br />Avenue the year prior, no longer included the Retail/Restaurant development on 301 N. Tustin <br />Avenue, but instead, "[s]ince the zone change, the property owner has revised the project" to <br />"substitute" a massive, automated carwash on 301 North Tustin, including a 4,354 square foot car <br />tunnel and 20 vacuum bays, for the approved retail building. The service station and <br />convenience store plans for 325 N. Tustin Avenue were unchanged. <br />49. The August 30th Notice stated that the Planning Commission would hold a Public <br />Hearing on September 9, 2019, and take action on three items for the "revised" project, which was <br />described as follows: "The applicant proposes to demolish the existing service station, car wash, <br />and convenience store to construct a new service station with 3,040-square foot convenience store <br />and new automated car wash. The project includes a request for (1) Conditional Use Permit No. <br />2019-30 to allow a car wash, (2) amendment to Variance No. 2018-10 to allow a reduction in the <br />City's yard standards, and (3) Conditional Use Permit No. 2019-31 to allow a convenience store to <br />operate 24 hours a day." <br />16 <br />PETITION FOR WRIT OF MANDATE <br />